Same-sex marriage in Iowa: Difference between revisions

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Same-sex marriage has been legally recognized in the U.S state of Iowa since a decision of the Iowa Supreme Court on April 3, 2009. Marriage licenses became available to same-sex couples on April 27.

In 2005, six same-sex couples who were denied marriage licenses in Iowa filed a lawsuit in Polk County. In 2007, the Polk County District Court ruled in favor of the couples in Varnum v. Brien.^[1] On April 3, 2009, the Iowa Supreme Court unanimously upheld the lower court's ruling, making Iowa the third U.S. state to legalize same-sex marriage, after Massachusetts and Connecticut.^[2]

Background

In 1998, following court decisions on same-sex unions in other states that suggested that denying the right to marry to same-sex couples was incompatible with the equal protection clause of a state constitution like Iowa's, Iowa legislators who hoped to avoid a similar court challenge tried without success to pass a statute to prohibit marriage on the part of gay and lesbian couples.^[3]^[4]

Varnum v. Brien

That's a win. It's not a final win, because the case is being appealed. But just a few years ago if people were asked if we could get a judge in Iowa to strike down the exclusion from marriage, right there in the heartland, I think most people would have said we couldn't.
— Evan Wolfson of Freedom to Marry on the 2007 decision^[5]

Six same-sex couples represented by Lambda Legal sought the right to marry their same-sex partners in Iowa. They brought suit in 2005 arguing that denying them marriage licenses violated the liberty and equal protection clauses in the State Constitution. Judge Robert Hanson of Polk County District Court ruled in favor of the plaintiffs on August 30, 2007. The next morning, Hanson stayed his decision pending an appeal to the Iowa Supreme Court.^[6]^[7]

Within two hours after the District Court published its ruling, two men from Des Moines submitted an application for marriage to the county recorder and their application was accepted. The next morning, several other couples applied for marriage licenses before Hanson issued his stay. Iowa marriage law requires a three-day waiting period between the initial application for a marriage license and the time the marriage becomes official, unless this waiting period is waived by a judge.^[8] Sean Fritz and Tim McQuillan, residents of Ames and students at Iowa State University, were the only couple to receive such a waiver before Hanson issued his stay. After receiving the waiver and applying for a marriage license on the morning of August 31, the couple was married in a short ceremony that morning by a Unitarian Universalist minister on the minister's front lawn in Des Moines.^[9]

Terry Lowman and Mark Kassis exchanging wedding vows at the Unitarian Universalist Fellowship in Ames, Iowa, on Sunday, September 2, 2007.

Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames.^[10] Lowman and Kassis' three-day waiting period was waived by a judge, however, Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal within Iowa.^[8]

Upon appeal, a unanimous Iowa Supreme Court affirmed Hanson's ruling in Varnum v. Brien on April 3, 2009. Using the standard known as intermediate scrutiny to evaluate the State Government's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of sexual orientation violated the equal protection clause of the Iowa Constitution.^[11] Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a Furlough day.^[12]

Despite the ruling in Varnum, the Iowa Department of Public Health had refused to recognize same-sex marriages when completing birth and death certificates. On December 12, 2012, ruling in Buntemeyer v. Iowa DPH, a state court ordered the department to list the names of two women, a married lesbian couple, on the death certificate of their stillborn son.^[13] The Iowa Supreme Court heard arguments that same day in the department's appeal of a decision in Gartner v. Newton that ordered it to enter the names of two women as parents on a birth certificate.^[14] On May 3, 2013, the court unanimously affirmed the lower court's ruling in Gartner and said that "By naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".^[15]

Judicial retention elections

On November 2, 2010, Iowa Supreme Court justices David L. Baker, Michael Streit and Marsha Ternus, who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial retention elections.^[16] Their removal followed campaigning by groups opposed to same-sex marriage including the National Organization for Marriage.^[17] The three judges did no campaigning on their own behalf, but were supported by numerous third parties.^[18]

On November 6, 2012, Justice David Wiggins won retention in the election, largely due to the fact that Iowa had reversed its opposition to same-sex marriage, now showing majority support.^[19]

Legislative proposals

A state constitutional amendment to ban same-sex marriage has been proposed several times in the Iowa General Assembly in the wake of the judicial rulings.^[4] To amend the Constitution, two consecutive sessions of the Assembly would need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.^[20]

An amendment was first proposed in 2008 but did not pass.^[4] The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader Michael Gronstal said he would not allow one to be brought to the floor in 2010.^[21] In a joint press release with House Speaker Pat Murphy on April 3, 2009, Gronstal welcomed the court's decision, saying "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."^[22]

Democratic leaders of the Iowa Senate and the Iowa House of Representatives during the 2009-2010 legislative session opposed a vote on an amendment.^[23]

In the next session, debate on a proposed constitutional amendment to ban same-sex marriage in Iowa attracted national news coverage after Zach Wahls, a college student and son of a lesbian couple, addressed the Iowa House Judiciary Committee in a public hearing on January 31, 2011.^[24] A video of his testimony posted on YouTube went viral.^[25] On February 1, 2011, with Republicans in a majority in the Iowa House, the House passed House Joint Resolution 6 by a vote of 62-37. Democratic leaders promised to block debate in the Senate, which they did.^[26]

Same-sex marriage could also have been banned by constitutional convention, which Iowa voters can initiate once a decade. On November 2, 2010, voters defeated a proposed constitutional convention by a 2-1 margin.^[27]

In June 2015, former Iowa Supreme Court justices Michael Streit and David L. Baker, who participated in the unanimous same-sex marriage ruling, expressed support for Obergefell v. Hodges and pride in their 2009 ruling. Streit and Baker were removed from their position as justices by Iowa voters in 2010, following a campaign by opponents of same-sex marriage. Then Governor Terry Branstad expressed disappointment with Obergefell and said that a constitutional amendment to ban same-sex marriage should be enacted by Congress, but acknowledged that such an amendment has virtually no chance of being approved.^[28]

Economic impact

A UCLA study has analyzed the impact of allowing same-sex couples to marry on Iowa's state budget. The study concluded that allowing same-sex couples to marry would result in a net gain of approximately $5.3 million each year for the state.^[29] This net impact would be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue.

Marriage statistics

Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of total marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring Illinois, Missouri and Nebraska.^[30]

By June 26, 2015, the day the U.S. Supreme Court ruled in Obergefell v. Hodges, legalizing same-sex marriage nationwide, approximately 11,000 same-sex couples had wed in Iowa.^[28]

Number of marriages in Iowa^[31]^[32]
Year	Same-sex marriages			Total marriages	% same-sex
Year	Female	Male	Total	Total marriages	% same-sex
2009	1,138	645	1,783	21,139	8.43%
2010	1,082	512	1,594	20,880	7.63%
2011	885	417	1,302	20,567	6.33%
2012	896	351	1,247	20,986	5.94%
2013	2,074	1,323	3,397	22,841	14.87%
2014	1,135	678	1,813	21,327	8.50%
2015	336	198	534	19,540	2.73%
2016	281	134	415	19,277	2.15%
2017	255	130	385	19,427	1.98%
2018	226	110	336	18,109	1.86%
Total	8,308	4,498	12,806	204,093	6.27%

Public opinion

Public opinion for same-sex marriage in Iowa
Poll source	Date(s) administered	Sample size	Margin of error	% support	% opposition	% no opinion
Public Religion Research Institute	April 5-December 23, 2017	895	?	59%	33%	8%
Public Religion Research Institute	May 18, 2016-January 10, 2017	1,325	?	59%	31%	11%
Public Religion Research Institute	April 29, 2015-January 7, 2016	1,103	?	56%	35%	9%
New York Times/CBS News/YouGov	September 20 – October 1, 2014	2,359 likely voters	± 2.2%	53%	33%	14%
Public Religion Research Institute	April 2, 2014-January 4, 2015	681	?	57%	37%	7%
Public Policy Polling	February 20–23, 2014	869 voters	± 3.3%	47%	44%	9%
Public Policy Polling	July 5–7, 2013	668 registered voters	± 3.8%	46%	45%	9%
Public Policy Polling	February 1–3, 2013	846 voters	?	46%	43%	11%
Public Policy Polling	August 19–21, 2011	798 voters	± 3.5%	46%	45%	9%

References

^ "Judge Overturns Iowa Ban on Same-Sex Marriages". The New York Times. Associated Press. August 31, 2007. Retrieved August 31, 2007.
^ Corely, Matt (April 3, 2009). "BREAKING: Iowa Supreme Court Unanimously Upholds Same-Sex Marriage". ThinkProgress. Retrieved March 4, 2014.
^ Iowa's governor-elect wants vote to ban gay marriage, criticizes senate leader
^ ^a ^b ^c Linda Miller (March 10, 2008). "Funnel Week Survivors". Retrieved March 11, 2008.
^ Interview with Evan Wolfson, David Shankbone, September 30, 2007
^ "Iowa Gay Marriages Abruptly Halted". 365Gay.com. Associated Press. August 31, 2007. Archived from the original on September 11, 2007. Retrieved August 31, 2007.
^ Henderson, Kay (August 31, 2007). "Ruling briefly allows gay marriage in Iowa". Reuters. Retrieved August 31, 2007.
^ ^a ^b Simons, Abby (September 1, 2007). "Ruling applies in Polk, not to all of Iowa". Des Moines Register. Retrieved September 4, 2007.^{[permanent dead link‍]}
^ Miller, Kyle (September 4, 2007). "A window of opportunity". Iowa State Daily. Retrieved April 5, 2013.
^ Laura Pieper and Luke Jennett (September 1, 2007). "Lucullan's owners set Sunday as wedding date". The Ames Tribune. Archived from the original on September 28, 2007. Retrieved September 2, 2007.
^ Des Moines Register staff (April 3, 2009). "Unanimous ruling: Iowa marriage no longer limited to one man, one woman". Des Moines Register. Archived from the original on June 29, 2012. Retrieved April 3, 2009.
^ Davey, Monica (April 27, 2009). "A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry". New York Times. Retrieved October 22, 2012.
^ Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012. Retrieved December 17, 2012
^ Danielson, Dar (December 12, 2012). "Supreme Court hears birth certificate case involving same-sex parents". Radio Iowa. Retrieved March 6, 2013.
^ Neuman, Scott (May 3, 2013). "Iowa Court: List Both Same-Sex Parents On Birth Certificates". NPR. Retrieved May 3, 2013.
^ "Iowans Dismiss Three Justices". Des Moines Register. November 3, 2010. Archived from the original on July 28, 2012. Retrieved February 3, 2015.
^ Glover, Mike (October 25, 2010). "Gay Marriage Foes Back Push To Oust Iowa Justices". Boston.com. Associated Press. Retrieved February 3, 2015.
^ KCRG Intern (October 13, 2010). "Vote 2010: Group Targets Three Iowa Supreme Court Justices". Kcrg.com. Archived from the original on December 3, 2013. Retrieved December 2, 2013.
^ "Secretary of State - Election Night Results - November 6th, 2012". Archived from the original on November 7, 2012. Retrieved November 7, 2012.
^ "Iowa Constitution, Article X, Section 1". Retrieved September 11, 2008.
^ Iowa Independent: Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009 Archived July 17, 2011, at the Wayback Machine, accessed June 1, 2012
^ Iowa Supreme Court: Gay marriage ban illegal Archived January 11, 2013, at archive.today, Southwest Iowa News, April 3, 2009
^ Glover, Mike (March 30, 2010). "A look at Iowa legislative session". Bloomberg Businessweek. Associated Press. Archived from the original on February 1, 2012. Retrieved October 11, 2010.
^ Zach Wahls: Transcript of testimony Archived May 2, 2012, at the Wayback Machine, accessed May 30, 2012
^ AOL News: Steven Hoffer, "Zach Wahls' Iowa Speech for Gay Marriage Goes Viral," February 2, 2011 Archived September 11, 2012, at the Wayback Machine, accessed May 30, 2012
^ Bolcer, Julie (February 1, 2011). "Iowa House Votes For Marriage Ban". Advocate.com. Archived from the original on October 10, 2011. Retrieved December 2, 2013.
^ Scott, Monica (October 11, 2010). "What other states have done about constitutional conventions". The Grand Rapids Press. Retrieved October 11, 2010.
^ ^a ^b In six years prior to Friday's SCOTUS decision, more than 11,000 same-sex couples have wed in Iowa, The Gazette (Cedar Rapids), June 26, 2015
^ M.V. Lee Badgett, Amanda K. Baumle, Adam P. Romero, and Brad Sears, The Impact on Iowa's Budget of Allowing Same-Sex Couples to Marry (April 1, 2008). The Williams Institute.
^ Tony Leys (May 18, 2010). "2,200 gay marriages in Iowa during past year | Des Moines Register Staff Blogs". Blogs.desmoinesregister.com. Archived from the original on January 21, 2013. Retrieved December 2, 2013.
^ "2017 Vital Statistics of Iowa" (PDF). idph.iowa.gov. October 4, 2018.
^ "2018 Vital Statistics of Iowa" (PDF). idph.iowa.gov. December 2019.

External links

"Full text of Iowa Supreme Court ruling in Varnum v. Brien". caselaw.findlaw.com.
One year later, gay marriage repeal appears to be on backburner, The Iowa Independent, April 1. 2010.

[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[3] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[4] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

[nyt-15] "Judge Overturns Iowa Ban on Same-Sex Marriages". The New York Times. Associated Press. August 31, 2007. Retrieved August 31, 2007.

[16] Corely, Matt (April 3, 2009). "BREAKING: Iowa Supreme Court Unanimously Upholds Same-Sex Marriage". ThinkProgress. Retrieved March 4, 2014.

[17] Iowa's governor-elect wants vote to ban gay marriage, criticizes senate leader

[funnel-18] Linda Miller (March 10, 2008). "Funnel Week Survivors". Retrieved March 11, 2008.

[19] Interview with Evan Wolfson, David Shankbone, September 30, 2007

[20] "Iowa Gay Marriages Abruptly Halted". 365Gay.com. Associated Press. August 31, 2007. Archived from the original on September 11, 2007. Retrieved August 31, 2007.

[21] Henderson, Kay (August 31, 2007). "Ruling briefly allows gay marriage in Iowa". Reuters. Retrieved August 31, 2007.

[register_q_and_a-22] Simons, Abby (September 1, 2007). "Ruling applies in Polk, not to all of Iowa". Des Moines Register. Retrieved September 4, 2007.^{[permanent dead link‍]}

[23] Miller, Kyle (September 4, 2007). "A window of opportunity". Iowa State Daily. Retrieved April 5, 2013.

[amestribune1-24] Laura Pieper and Luke Jennett (September 1, 2007). "Lucullan's owners set Sunday as wedding date". The Ames Tribune. Archived from the original on September 28, 2007. Retrieved September 2, 2007.

[25] Des Moines Register staff (April 3, 2009). "Unanimous ruling: Iowa marriage no longer limited to one man, one woman". Des Moines Register. Archived from the original on June 29, 2012. Retrieved April 3, 2009.

[26] Davey, Monica (April 27, 2009). "A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry". New York Times. Retrieved October 22, 2012.

[27] Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012. Retrieved December 17, 2012

[28] Danielson, Dar (December 12, 2012). "Supreme Court hears birth certificate case involving same-sex parents". Radio Iowa. Retrieved March 6, 2013.

[29] Neuman, Scott (May 3, 2013). "Iowa Court: List Both Same-Sex Parents On Birth Certificates". NPR. Retrieved May 3, 2013.

[30] "Iowans Dismiss Three Justices". Des Moines Register. November 3, 2010. Archived from the original on July 28, 2012. Retrieved February 3, 2015.

[31] Glover, Mike (October 25, 2010). "Gay Marriage Foes Back Push To Oust Iowa Justices". Boston.com. Associated Press. Retrieved February 3, 2015.

[32] KCRG Intern (October 13, 2010). "Vote 2010: Group Targets Three Iowa Supreme Court Justices". Kcrg.com. Archived from the original on December 3, 2013. Retrieved December 2, 2013.

[33] "Secretary of State - Election Night Results - November 6th, 2012". Archived from the original on November 7, 2012. Retrieved November 7, 2012.

[IowaConstitution-34] "Iowa Constitution, Article X, Section 1". Retrieved September 11, 2008.

[35] Iowa Independent: Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009 Archived July 17, 2011, at the Wayback Machine, accessed June 1, 2012

[sw_iowa_news-36] Iowa Supreme Court: Gay marriage ban illegal Archived January 11, 2013, at archive.today, Southwest Iowa News, April 3, 2009

[37] Glover, Mike (March 30, 2010). "A look at Iowa legislative session". Bloomberg Businessweek. Associated Press. Archived from the original on February 1, 2012. Retrieved October 11, 2010.

[38] Zach Wahls: Transcript of testimony Archived May 2, 2012, at the Wayback Machine, accessed May 30, 2012

[39] AOL News: Steven Hoffer, "Zach Wahls' Iowa Speech for Gay Marriage Goes Viral," February 2, 2011 Archived September 11, 2012, at the Wayback Machine, accessed May 30, 2012

[40] Bolcer, Julie (February 1, 2011). "Iowa House Votes For Marriage Ban". Advocate.com. Archived from the original on October 10, 2011. Retrieved December 2, 2013.

[41] Scott, Monica (October 11, 2010). "What other states have done about constitutional conventions". The Grand Rapids Press. Retrieved October 11, 2010.

[scotus-42] In six years prior to Friday's SCOTUS decision, more than 11,000 same-sex couples have wed in Iowa, The Gazette (Cedar Rapids), June 26, 2015

[43] M.V. Lee Badgett, Amanda K. Baumle, Adam P. Romero, and Brad Sears, The Impact on Iowa's Budget of Allowing Same-Sex Couples to Marry (April 1, 2008). The Williams Institute.

[44] Tony Leys (May 18, 2010). "2,200 gay marriages in Iowa during past year | Des Moines Register Staff Blogs". Blogs.desmoinesregister.com. Archived from the original on January 21, 2013. Retrieved December 2, 2013.

[45] "2017 Vital Statistics of Iowa" (PDF). idph.iowa.gov. October 4, 2018.

[46] "2018 Vital Statistics of Iowa" (PDF). idph.iowa.gov. December 2019.

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@@ Line 19: / Line 19: @@
 Two other Ames residents who applied for a marriage license before the stay, Terry Lowman and Mark Kassis, were married on September 2 in a ceremony at the Unitarian Universalist Fellowship of Ames.<ref name="amestribune1">{{cite news |author=Laura Pieper and Luke Jennett |url=http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |title=Lucullan's owners set Sunday as wedding date |work=[[The Ames Tribune]] |date=September 1, 2007 |access-date=September 2, 2007 |url-status=dead |archive-url=https://web.archive.org/web/20070928161239/http://www.midiowanews.com/site/index.cfm?newsid=18773436&BRD=2700&PAG=461&dept_id=554188&rfi=8 |archive-date=September 28, 2007 |df=mdy-all }}</ref> Lowman and Kassis' three-day waiting period was waived by a judge, however, Hanson's stay occurred before the couple was able to record the marriage license. However, it is legal opinion that the marriage is legal within Iowa.<ref name="register_q_and_a"/>
-Upon appeal, a unanimous [[Iowa Supreme Court]] affirmed Hanson's ruling in ''Varnum v. Brien'' on April 3, 2009. Using the standard known as [[intermediate scrutiny]] to evaluate the State Government's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of [[sexual orientation]] violated the equal protection clause of the Iowa Constitution.<ref>{{cite news | author = Des Moines Register staff | title = Unanimous ruling: Iowa marriage no longer limited to one man, one woman | work = [[Des Moines Register]] | date = April 3, 2009 | url = http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | access-date = April 3, 2009 | url-status = dead | archive-url = https://archive.is/20120629165642/http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | archive-date = June 29, 2012 | df = mdy-all }}</ref> Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a [[Furlough]] day.<ref>{{cite news|last=Davey|first=Monica|title=A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry|url=https://www.nytimes.com/2009/04/28/us/28marriage.html|access-date=October 22, 2012|newspaper=New York Times|date=April 27, 2009}}</ref>
+Upon appeal, a unanimous [[Iowa Supreme Court]] affirmed Hanson's ruling in ''Varnum v. Brien'' on April 3, 2009. Using the standard known as [[intermediate scrutiny]] to evaluate the State Government's justifications for denying marriage licenses to same-sex couples, the court determined that denying a marriage licenses on the basis of [[sexual orientation]] violated the equal protection clause of the Iowa Constitution.<ref>{{cite news | author = Des Moines Register staff | title = Unanimous ruling: Iowa marriage no longer limited to one man, one woman | work = [[Des Moines Register]] | date = April 3, 2009 | url = http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | access-date = April 3, 2009 | url-status = dead | archive-url = https://archive.today/20120629165642/http://www.desmoinesregister.com/article/20090403/NEWS/90403010 | archive-date = June 29, 2012 | df = mdy-all }}</ref> Licenses were originally to be available 21 days after the ruling on April 24, but the availability of licenses was postponed until April 27 due to a [[Furlough]] day.<ref>{{cite news|last=Davey|first=Monica|title=A Quiet Day in Iowa as Same-Sex Couples Line Up to Marry|url=https://www.nytimes.com/2009/04/28/us/28marriage.html|access-date=October 22, 2012|newspaper=New York Times|date=April 27, 2009}}</ref>
 Despite the ruling in ''Varnum'', the Iowa Department of Public Health had refused to recognize same-sex marriages when completing birth and death certificates. On December 12, 2012, ruling in ''Buntemeyer v. Iowa DPH'', a state court ordered the department to list the names of two women, a married lesbian couple, on the death certificate of their stillborn son.<ref>[http://www.lambdalegal.org/sites/default/files/buntemeyer_ia_20121217_polk-cty-dct-ct-ruling.pdf Iowa District Court for Polk County, Buntemeyer v. Iowa DPH, December 12, 2012]. Retrieved December 17, 2012</ref> The [[Iowa Supreme Court]] heard arguments that same day in the department's appeal of a decision in ''Gartner v. Newton'' that ordered it to enter the names of two women as parents on a birth certificate.<ref>{{cite news |last=Danielson |first=Dar|title=Supreme Court hears birth certificate case involving same-sex parents |url=http://www.radioiowa.com/2012/12/12/supreme-court-hears-birth-certificate-case-involving-same-sex-parents/|access-date=March 6, 2013|newspaper=Radio Iowa|date=December 12, 2012}}</ref> On May 3, 2013, the court unanimously affirmed the lower court's ruling in ''Gartner'' and said that "By naming the nonbirthing spouse on the birth certificate of a married lesbian couple's child, the child is ensured support from that parent and the parent establishes fundamental legal rights at the moment of birth".<ref>{{cite news|last=Neuman|first=Scott|title=Iowa Court: List Both Same-Sex Parents On Birth Certificates|url=https://www.npr.org/blogs/thetwo-way/2013/05/03/180840531/iowa-court-list-both-same-sex-parents-on-birth-certificates|access-date=May 3, 2013|newspaper=NPR|date=May 3, 2013}}</ref>
 ===Judicial retention elections===
-On November 2, 2010, Iowa Supreme Court justices [[David L. Baker]], [[Michael Streit]] and [[Marsha Ternus]], who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial retention elections.<ref>{{cite news |url=http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |title=Iowans Dismiss Three Justices |work=Des Moines Register |date=November 3, 2010 |access-date=February 3, 2015 |url-status=dead |archive-url=https://archive.is/20120728115634/http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |archive-date=July 28, 2012 |df=mdy-all }}</ref> Their removal followed campaigning by groups opposed to same-sex marriage including the [[National Organization for Marriage]].<ref>{{cite news|url=http://www.boston.com/news/nation/articles/2010/10/25/gay_marriage_foes_back_push_to_oust_iowa_justices/ |title=Gay Marriage Foes Back Push To Oust Iowa Justices|publisher=Boston.com| date=October 25, 2010|access-date=February 3, 2015|agency=Associated Press|first=Mike|last=Glover}}</ref> The three judges did no campaigning on their own behalf, but were supported by numerous third parties.<ref>{{cite news |author=KCRG Intern |url=http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |title=Vote 2010: Group Targets Three Iowa Supreme Court Justices |publisher=Kcrg.com |date=October 13, 2010 |access-date=December 2, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131203004420/http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |archive-date=December 3, 2013 |df=mdy-all }}</ref>
+On November 2, 2010, Iowa Supreme Court justices [[David L. Baker]], [[Michael Streit]] and [[Marsha Ternus]], who participated in the unanimous 2009 ruling that Iowa could not deny marriage licenses based on sexual orientation, were removed from office after judicial retention elections.<ref>{{cite news |url=http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |title=Iowans Dismiss Three Justices |work=Des Moines Register |date=November 3, 2010 |access-date=February 3, 2015 |url-status=dead |archive-url=https://archive.today/20120728115634/http://www.desmoinesregister.com/article/20101103/NEWS09/11030390/Iowans-dismiss-three-justices |archive-date=July 28, 2012 |df=mdy-all }}</ref> Their removal followed campaigning by groups opposed to same-sex marriage including the [[National Organization for Marriage]].<ref>{{cite news|url=http://www.boston.com/news/nation/articles/2010/10/25/gay_marriage_foes_back_push_to_oust_iowa_justices/ |title=Gay Marriage Foes Back Push To Oust Iowa Justices|publisher=Boston.com| date=October 25, 2010|access-date=February 3, 2015|agency=Associated Press|first=Mike|last=Glover}}</ref> The three judges did no campaigning on their own behalf, but were supported by numerous third parties.<ref>{{cite news |author=KCRG Intern |url=http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |title=Vote 2010: Group Targets Three Iowa Supreme Court Justices |publisher=Kcrg.com |date=October 13, 2010 |access-date=December 2, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131203004420/http://www.kcrg.com/news/local/Vote-2010-Group-Targets-Three-Iowa-Supreme-Court-Justices--104909434.html |archive-date=December 3, 2013 |df=mdy-all }}</ref>
 On November 6, 2012, Justice David Wiggins won retention in the election, largely due to the fact that Iowa had reversed its opposition to same-sex marriage, now showing majority support.<ref>{{cite web|url=http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|title=Secretary of State - Election Night Results - November 6th, 2012|access-date=November 7, 2012|archive-url=https://web.archive.org/web/20121107183038/http://electionresults.sos.iowa.gov/resultsSW.aspx?type=JUD&map=CTY&lValue=Supreme%20Court&gValue=Supreme%20Court|archive-date=November 7, 2012|url-status=dead|df=mdy-all}}</ref>
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 A state constitutional amendment to ban same-sex marriage has been proposed several times in the [[Iowa General Assembly]] in the wake of the judicial rulings.<ref name = funnel>{{cite web |url=http://www.qctimes.com/blogs/?p=1486 |title=Funnel Week Survivors |author=Linda Miller |date=March 10, 2008 |access-date=March 11, 2008}}</ref> To amend the Constitution, two consecutive sessions of the Assembly would need to approve the amendment, after which it would be placed on the ballot for final approval by the Iowa electorate.<ref name="IowaConstitution">{{cite web |title=Iowa Constitution, Article X, Section 1 |url=http://search.legis.state.ia.us/NXT/gateway.dll/IowaState/ISLRoot/codeandsupp/const.htm?f=templates&fn=default.htm |access-date=September 11, 2008 }}</ref>
-An amendment was first proposed in 2008 but did not pass.<ref name = funnel /> The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader [[Michael Gronstal]] said he would not allow one to be brought to the floor in 2010.<ref>''Iowa Independent'': [http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009] {{webarchive|url=https://web.archive.org/web/20110717025328/http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 |date=July 17, 2011 }}, accessed June 1, 2012</ref> In a joint press release with House Speaker [[Pat Murphy (Iowa politician)|Pat Murphy]] on April 3, 2009, Gronstal welcomed the court's decision, saying "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."<ref name="sw_iowa_news">[http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt Iowa Supreme Court: Gay marriage ban illegal] {{webarchive|url=https://archive.is/20130111093340/http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt |date=January 11, 2013 }}, ''Southwest Iowa News'', April 3, 2009</ref>
+An amendment was first proposed in 2008 but did not pass.<ref name = funnel /> The Assembly did not vote on a constitutional amendment in 2009, and Senate Majority Leader [[Michael Gronstal]] said he would not allow one to be brought to the floor in 2010.<ref>''Iowa Independent'': [http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 Jason Hancock, "Gronstal: No gay marriage vote in 2010," December 31, 2009] {{webarchive|url=https://web.archive.org/web/20110717025328/http://iowaindependent.com/24695/gronstal-no-gay-marriage-vote-in-2010 |date=July 17, 2011 }}, accessed June 1, 2012</ref> In a joint press release with House Speaker [[Pat Murphy (Iowa politician)|Pat Murphy]] on April 3, 2009, Gronstal welcomed the court's decision, saying "When all is said and done, we believe the only lasting question about today's events will be why it took us so long. It is a tough question to answer because treating everyone fairly is really a matter of Iowa common sense and Iowa common decency. Iowa has always been a leader in the area of civil rights."<ref name="sw_iowa_news">[http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt Iowa Supreme Court: Gay marriage ban illegal] {{webarchive|url=https://archive.today/20130111093340/http://www.southwestiowanews.com/articles/2009/04/03/breaking/doc49d62d97b2e44679847874.txt |date=January 11, 2013 }}, ''Southwest Iowa News'', April 3, 2009</ref>
 Democratic leaders of the [[Iowa Senate]] and the [[Iowa House of Representatives]] during the 2009-2010 legislative session opposed a vote on an amendment.<ref>{{cite magazine|last=Glover|first=Mike|title=A look at Iowa legislative session|agency=[[Associated Press]]|magazine=[[Bloomberg Businessweek]]|date=March 30, 2010|url=http://www.businessweek.com/ap/financialnews/D9EP6NK80.htm|access-date=October 11, 2010|url-status=dead|archive-url=https://web.archive.org/web/20120201074251/http://www.businessweek.com/ap/financialnews/D9EP6NK80.htm|archive-date=February 1, 2012|df=mdy-all}}</ref>
@@ Line 45: / Line 45: @@
 ==Marriage statistics==
-Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of total marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring [[Illinois]], [[Missouri]] and [[Nebraska]].<ref>{{cite news |author=Tony Leys |url=http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |title=2,200 gay marriages in Iowa during past year &#124; Des Moines Register Staff Blogs |publisher=Blogs.desmoinesregister.com |date=May 18, 2010 |access-date=December 2, 2013 |archive-url=https://archive.is/20130121120151/http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |archive-date=January 21, 2013 |url-status=dead |df=mdy-all }}</ref>
+Between April 2009 and March 2010, 2,020 same-sex couples were married in Iowa, accounting for 10.1% of total marriages conducted in the state during that period. Only 815 couples were from Iowa, with the rest being from out of state, predominantly from neighboring [[Illinois]], [[Missouri]] and [[Nebraska]].<ref>{{cite news |author=Tony Leys |url=http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |title=2,200 gay marriages in Iowa during past year &#124; Des Moines Register Staff Blogs |publisher=Blogs.desmoinesregister.com |date=May 18, 2010 |access-date=December 2, 2013 |archive-url=https://archive.today/20130121120151/http://blogs.desmoinesregister.com/dmr/index.php/2010/05/18/2020-gay-marriages-recorded-here-since-last-april |archive-date=January 21, 2013 |url-status=dead |df=mdy-all }}</ref>
 By June 26, 2015, the day the U.S. Supreme Court ruled in ''[[Obergefell v. Hodges]]'', legalizing same-sex marriage nationwide, approximately 11,000 same-sex couples had wed in Iowa.<ref name="scotus">[http://www.thegazette.com/subject/news/government/latest-stats-show-nearly-a-third-of-iowa-marriages-are-same-sex-unions-20150626 In six years prior to Friday's SCOTUS decision, more than 11,000 same-sex couples have wed in Iowa], ''[[The Gazette (Cedar Rapids)]]'', June 26, 2015</ref>
@@ Line 181: / Line 181: @@
 ==External links==
 * {{cite web|url=https://caselaw.findlaw.com/ia-supreme-court/1374250.html|title=Full text of Iowa Supreme Court ruling in ''Varnum v. Brien''|website=caselaw.findlaw.com}}
-* [https://archive.is/20130126141049/http://iowaindependent.com/31160/one-year-later-gay-marriage-repeal-appears-to-be-on-backburner One year later, gay marriage repeal appears to be on backburner], ''The Iowa Independent'', April 1. 2010.
+* [https://archive.today/20130126141049/http://iowaindependent.com/31160/one-year-later-gay-marriage-repeal-appears-to-be-on-backburner One year later, gay marriage repeal appears to be on backburner], ''The Iowa Independent'', April 1. 2010.
 {{Same-sex marriage in the United States}}